Criminal Protection from Misleading Voters
A Case Study on the Parliamentary Elections in the Kingdom of Bahrain
DOI:
https://doi.org/10.35246/jols.v38i1.614Keywords:
Misleading, Electoral Crimes, Electoral Promises, Criminal Protection, Kingdom of BahrainAbstract
Elections are one of the pillars of democracy. Therefore, adequate legal guarantees must exist to preserve democracy. One of the most important aspects is setting rules to govern electoral campaigning, due to its impact on the choice of the electorate, and thus the formation of the parliament, legislation, and state policy for several years. This study focuses on the candidates’ behavior that might mislead voters and affect their choices, which include election promises whether directly or indirectly. The study will focus on examining the limits of electoral promises and their mandatory extent to achieve criminal protection for the voters. This study will adopt the comparative analysis, and descriptive approach to present its hypotheses by examining Bahraini legislation and comparative legislation and judiciary.
The study resulted in drawing the objective boundaries for electoral promises, and the actions of the members of the parliament, which is considered misleading. Moreover, proposing legal articles and amendments to provide further legal criminal in the Kingdom of Bahrain.
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References
First: Books
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Second: Researches
i. Abdel-Al, Osama. 2020, "Criminal Liability for Misleading in Media Crime." Journal of Legal and Economic Research, Mansoura University - Faculty of Law, vol. 1, no. 71.
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Third: Theses
i. Al-Asadi, Diaa Abdullah Aboud. 2007, "The General Theory of Election Crimes." PhD diss., College of Law, University of Babylon, Iraq.
Fourth: Laws
Constitutions:
I. Bahrain. Constitution.
Ordinary Laws:
i. Bahrain. Law No. 14 of 1973 on the Regulation of Advertisements.
ii. Bahrain. Law No. 15 of 1976 on the Issuance of the Penal Code.
iii. Kentucky. Kentucky Revised Statutes Annotated § 121.055 (Michie/Bobbs-Merrill 1982).
iv. Philippines. Republic Act No. 7166, Approved November 26, 1991, An Act Providing for Synchronized National and Local Elections and For Electoral Reforms, Authorizing Appropriations Therefor, and for Other Purposes.
v. Bahrain. Law No. 19 of 2001 on the Issuance of the Civil Law.
vi. Bahrain. Law No. 14 of 2002 on the Exercise of Political Rights.
vii. Bahrain. Law No. 15 of 2002 on the Shura and Representatives Councils.
viii. Tunisia. Constitutional Law No. 16 of 2014 on Elections and Referendums, May 26, 2014.
ix. Lebanon. Electoral Law No. 44/2017.
x. Tunisia: Law No. 2018-32 of May 1, 2018, on the Protection of Personal Data.
xi. France. "Electoral Code." Légifrance. Version en vigueur du 13 octobre 2006 au 20 novembre 2020.
xii. Bahrain. Decision No. 141 of 2022 on the Regulation of Electoral Campaign for the Elections of Members of Parliament and Municipal Councils.
Fifth: Judicial Decision
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iii. Brown v. Hartlage, 456 U.S. 45 (1982)/ USA.
iv. Durant v Greiner (1990) 21 NSWLR 119/ UK.
v. Burson v. Freeman, 504 U.S. 191 (1992)/ USA.
vi. Emmanuel Macron v. Rassemblement national (RN), Cour d'appel de Paris, Pôle 2, chambre 5, arrêt n°17/05554, May 9, 2018.
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Sixth: Online Periodicals
i. Al Achkar, Mohamad. "Democracy." Political Encyclopedia, https://political-encyclopedia.org/dictionary/democracy/.
ii. Al-Bilad newspaper. "Public Prosecution Accuses Candidate of Defamation and Lying." 23 November 2018, https://albiladpress.com/newspaper/3692/535491.html.
iii. Al-Ahli Electoral Monitoring Team. "Decrease in Election Campaigning and Polling Stations Open on Time." Alayam.com, 19 November 2022, https://www.alayam.com/online/local/988015/News.html
iv. Al-Shammari, Baraa. "Iraqi Election Commission officially excludes new candidates." The New Arab, 21 September 2021, https://english.alaraby.co.uk/news/iraqi-election-commission-officially-excludes-new-candidates.
v. Breuninger, Kevin. "Here are the key moments from the final Trump-Biden presidential debate." CNBC, 23 October 2020, https://www.cnbc.com/2020/10/22/final-presidential-debate-highlights-trump-vs-biden.html.
vi. DCAF Legal Database. "Tunisia: Law No. 2018-32 of May 1, 2018, on the Protection of Personal Data." https://legislation-securite.tn/ar/law/44286.
vii. Mallet, Victor, and Leila Abboud. "Macron and Le Pen Trade Insults Ahead of French Election." Financial Times, 8 April 2022, https://www.ft.com/content/c8bf8924-fc4d-4fb4-a6b0-babcb7dfa2fa.
viii. Commission on Elections. "RA 7166: Synchronized National and Local Elections Law." Official COMELEC website, n.d., https://comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/SynchronizedNationalandLocal/RA7166#sec5 .
ix. Upadhyay, Sharmeen. "Can't make political parties liable for failure to fulfil promises made in Election Manifesto: Allahabad high court." Live Law, 18 March 2022, https://www.livelaw.in/news-updates/cant-make-political-parties-liable-fail-fulfil-promises-election-manifesto-allahabad-high-court-194408 .
Seventh: Other Periodicals
i. "Filtering Practices of Social Media Platforms." Hearing before the Committee on the Judiciary, House of Representatives, 115th Congress, 2nd Session, Serial No. 115-56, April 26, 2018. U.S. Government Publishing Office.
ii. Pew Research Center. "Charting Congress on Social Media in the 2016 and 2020 Elections." September 2021. USA.
iii. Political Development Institute. "Political Terminology Dictionary" 2014, Bahrain.
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